Measures of Guangdong Province on Labor Protection in Hot Weather

Article 1 In order to regulate the labor protection in hot weather and ensure the health and life safety of workers, these Measures are formulated in accordance with the Labor Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases and other laws and regulations, combined with the actual situation of this province.

Article 2 These Measures shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations (hereinafter referred to as employers) within the administrative area of this province to arrange workers to work in hot weather.

State organs, institutions and social organizations shall refer to these measures for the work of workers who have established labor relations with them during high temperature weather.

Article 3 The term "hot weather" as mentioned in these Measures refers to the weather in which the daily maximum temperature is above 35℃ issued by the meteorological offices and stations affiliated to the competent meteorological departments at or above the county level.

Fourth people's governments at all levels should strengthen the leadership of labor protection in hot weather.

Safety production supervision and management, health, human resources and social security departments shall, according to their respective responsibilities, guide, supervise and inspect the work of labor protection in hot weather.

Economic and information technology, housing and urban construction, water conservancy, transportation, marine and fishery departments shall, within the scope of their respective duties, do a good job in labor protection in hot weather.

The Federation of Industry and Commerce, the Federation of Enterprises and the trade associations shall guide the labor protection measures taken by the employing units during the hot weather according to law.

Trade union organizations at all levels shall supervise the labor protection measures taken by employers during hot weather according to law.

Fifth people's governments at or above the county level shall establish an early warning and forecasting system for high temperature weather and establish and improve the early warning information release system for meteorological disasters.

After the meteorological offices and stations subordinate to the competent meteorological departments issue high-temperature warning signals, radio stations, television stations and other media at all levels and relevant telecom operators shall promptly spread them to the public.

Article 6 The employing unit shall establish and improve the heatstroke prevention and cooling system, reasonably arrange the working hours of workers, ensure safe production, and ensure the health and life safety of workers.

Article 7 The employing unit shall, in accordance with the relevant provisions of the state, rationally arrange the production sites, improve the production technology and operation flow, and adopt good heat insulation, ventilation and cooling facilities to ensure that the production sites meet the national standards.

Article 8 Relevant government departments, trade union organizations, federations of industry and commerce and enterprise federations shall strengthen publicity and education on labor protection in hot weather.

The employing unit shall publicize and educate the workers on heatstroke prevention and first aid, and enhance their self-labor protection ability in high temperature weather.

Article 9 During the following hot weather, the employing unit shall arrange working hours reasonably, reduce labor intensity, and take effective measures to ensure the health and life safety of workers:

(1) When the highest temperature reaches above 39℃ on that day, outdoor operation should be stopped on that day;

(2) When the daily maximum temperature reaches above 37℃ and below 39℃ (excluding 39℃), the outdoor working hours shall not exceed 6 hours, and outdoor work shall be suspended from 12 to 16;

(3) If the daily maximum temperature reaches above 35℃ and below 37℃ (excluding 37℃), the employer shall take a rest in shifts, shorten the continuous operation time, and shall not arrange outdoor workers to work overtime.

Article 10 The provisions of Article 9 shall not apply if the employing unit takes cooling measures to make the temperature of the workplace lower than 35℃ (excluding 35℃), or if it cannot stop work due to the characteristics of the industry or needs emergency treatment due to production, personal and property safety and public interests.

Article 11 The employing unit shall not arrange pregnant female workers and underage workers to work in the open air in hot weather above 35℃ or in workplaces above 33℃.

Article 12 The employing unit shall not deduct or reduce the wages of workers because of stopping working or shortening working hours in hot weather.

Thirteenth every year from June to June +00, workers engaged in open-air operations and the employer can not take effective measures to reduce the temperature of the workplace below 33℃ (excluding 33℃), the employer shall pay the workers a monthly high temperature allowance. The required expenses are charged in the enterprise cost.

High temperature allowance standards and payment methods shall be formulated by the Provincial Department of Human Resources and Social Security in conjunction with relevant departments.

Article 14 During the high-temperature weather from June to June every year, the employing unit shall provide free cool drinks that meet the food safety standards to the workers engaged in outdoor operations and indoor high-temperature operations.

The cold drinks provided cannot cover the high temperature allowance.

Article 15 The employing unit shall provide necessary labor protection facilities and articles for laborers in hot weather, and strengthen the maintenance and management of labor protection facilities and articles.

Article 16 The employing unit shall set up a rest place in a high-temperature working environment, equipped with seats, good ventilation or air conditioning and other heatstroke prevention and cooling facilities.

Article 17 If a laborer suffers from an illness that is not suitable for outdoor operation or high-temperature indoor operation, the employing unit shall adjust his work place or post.

If the work place or post cannot be adjusted due to work needs, preventive measures should be taken to deal with sudden diseases.

Eighteenth employers should be equipped with commonly used heatstroke prevention drugs during high temperature weather. Workers should take immediate rescue measures when suffering from heatstroke; If the condition is serious, you should be sent to the hospital for treatment immediately.

Article 19 If a worker suffers from heatstroke due to hot weather operation and is diagnosed as an occupational disease by an occupational disease diagnosis institution recognized by the provincial health administrative department, he may apply for work-related injury identification according to law. Those who are identified as work-related injuries shall enjoy work-related injury insurance benefits.

Workers who die of heatstroke during working hours and jobs or die after being rescued within 48 hours after heatstroke are regarded as work-related injuries and enjoy work-related injury insurance benefits.

Twentieth employers in violation of the provisions of these measures, one of the following acts, shall be punished by the department responsible for the supervision and management of occupational health in the workplace:

(a) not in accordance with national standards to implement ventilation, cooling, heat insulation and other heatstroke prevention and cooling measures;

(two) there is no rest place.

Article 21 If the employing unit violates the provisions of Article 13 of these measures and fails to pay high-temperature allowance to the workers, the competent department of human resources and social security at or above the county level shall order it to make corrections within a time limit and reissue it; If no correction is made within the time limit, a fine of more than 2000 yuan 10000 yuan shall be imposed.

Twenty-second employers in violation of the provisions of article fourteenth of these measures, did not provide cool drinks, by the human resources and social security departments at or above the county level shall be ordered to make corrections; If no correction is made within the time limit, a fine of 2,000 yuan or more shall be imposed on 500 yuan.

Twenty-third employers in violation of the provisions of these measures, the enterprise trade union or the local Federation of trade unions have the right to put forward opinions to the employer, and the employer shall promptly correct them. If the employer refuses to make corrections, the relevant trade union organizations shall submit it to the government and its relevant departments for handling according to law, and supervise the handling results.

Twenty-fourth "above" and "below" degrees Celsius (℃) mentioned in these Measures include this number unless otherwise specified.

Article 25 These Measures shall come into force on March 1 day, 2065.